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HTMLCalifornia and Virginia Join IAIS International Information Exchange Agreement
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
September 4, 2014, previously published on August 29, 2014
Peter Braumüller, Chairman of the Executive Committee of the International Association of Insurance Supervisors ("IAIS"), announced yesterday, August 28, 2014, that the insurance supervisors of California and Virginia have joined an international supervisory cooperation and...

 

HTMLSubcontractor’s Insurer Owes Duty To Defend Contractor For Liability Suits Arising From Fatal Fireworks Explosion
Sutherland Asbill Brennan LLP;
Legal Alert/Article
September 4, 2014, previously published on August 28, 2014
Company A had a contract with the federal government to destroy seized fireworks and hired Company B to actually destroy them. While Company B was in the process of destroying the fireworks, an explosion occurred that killed five Company B employees. Multiple liability suits followed. Company...

 

HTMLHouse Republicans Nearing Deal on Terrorism Insurance
McDonald Hopkins LLC;
Legal Alert/Article
September 2, 2014, previously published on August 29, 2014
In July, the Senate - by a vote of 93 to 4 - reauthorized the terrorism risk insurance program that was initially enacted after the Sept.11 terror attacks. Despite the overwhelmingly bipartisan vote in the Senate, House conservatives have sought additional changes to the program that they say will...

 

HTMLAllegations against Insurance Agent Were Sufficient to Defeat Removal Based on Fraudulent Joinder - Case Remanded
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
September 2, 2014, previously published on August 12, 2014
Last Tuesday, in Oldham v. Nationwide Insurance Company of America, 2014 WL 3855238 (N.D.Tex. August 5, 2014), United States District Judge Jane Boyle granted Plaintiff’s motion to remand a case removed to federal court based on diversity of citizenship and the alleged fraudulent joinder of a...

 

HTMLNAIC Moving Forward on Regulation of XXX/AXXX Financing Transactions
Hugh T. McCormick, K. Oliver Rust; Duane Morris LLP;
Legal Alert/Article
September 2, 2014, previously published on August 29, 2014
For more than two years, the National Association of Insurance Commissioners (the "NAIC") has been addressing the use by life insurers of captive reinsurers to finance reserves for certain term life insurance or universal life insurance policies (the reserves are known as "XXX...

 

HTMLCourt Finds Settlement Obligations to Pay Mortgagor Are Not Discharged By Sending Co-Payable Check to Insured
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
September 2, 2014, previously published on August 12, 2014
Last Thursday, in Viewpoint Bank v. Allied Property and Cas. Ins. Co., 2014 WL 3867810 (Tex.App.-Dallas August 7, 2014), the Dallas Court of Appeals examined the insurer’s duty to pay a mortgage company in relation to the settlement of an insurance claim arising out of Hurricane Ike. Allied...

 

HTMLCourt Sanctions Plaintiff for Appraisal Delays - Dismisses Lawsuit with Prejudice for Failure to Cooperate
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
September 2, 2014, previously published on August 18, 2014
A U.S. District Court Judge for the Southern District of Texas, McAllen Division, recently put an end to Plaintiff's contumacious delays involving discovery requests, designation of experts, depositions and ultimately, a failure to cooperate with an appraisal invoked by Plaintiff after a year of...

 

HTMLFailure to Follow Investigative and Claims Handling Standards in Insurer’s Own Manual, Adjuster’s Failure to Consult with Others and Go beyond Her Own Conclusions, and Failure to Conduct IME Defeat Motion to Deny Bad Faith Claim (Western District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 20, 2014
Mineo v. Geico involved a UIM claim. The insured was a Vietnam War Veteran who had suffered significant combat injuries during the War. Years later he was in a motor vehicle accident and suffered a shoulder injury. After the accident, there was some record that he suffered a further shoulder...

 

HTMLInsurance Industry Sweeps Retained Asset Account Doubleheader
Frederick R. Bellamy, Thomas R. Bundy, Nicholas T. Christakos, Thomas W. Curvin, Ellen M. Dunn; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
September 1, 2014, previously published on August 28, 2014
On August 26, the U.S. Court of Appeals for the First Circuit held in Vander Luitgaren v. Sun Life Ass. Co. of Canada, No. 13¿2090, 2014 WL 4197947 (1st Cir. Aug. 26, 2014), that an insurer, acting as a claims administrator, properly discharges its duties under the Employee Retirement Income...

 

HTMLCourt Denies Insurers Motions to Preclude Expert Testimony, Bifurcate the Trial and for Summary Judgment Where Insurer Required 3 IMES which Reached Inconsistent Results (Middle District)
Fineman Krekstein Harris P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 15, 2014
In Monaghan v. Travelers Prop. Cas. Co. of Am., the Court, in three separate opinions, addressed the issues of the adequate burden of proof in bad faith claims, admissibility of expert testimony, and proper bifurcation of trial. The Court found that the pleading standards were met, that expert...

 


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